Pubdate: Thu, 23 May 2002 Source: Union, The (CA) Contact: 2002 Nevada County Publishing Company Website: http://www.theunion.com/ Details: http://www.mapinc.org/media/957 Author: Doug Mattson Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) GROUP POT GARDENS: MEDICAL CO-OPS OR MONEYMAKERS? Last summer, narcotics agents reported finding 105 indoor marijuana plants at a San Juan Ridge home. Three people said it was their medicine, but they were charged with cultivation and their trial is approaching. Last month, two men were charged after agents reported finding 185 plants in Historic Five Mile House on Highway 20. A defense lawyer said the crop benefited at least five patients. Last week, agents reported finding 106 outdoor plants at a Nevada City-area home. An ongoing investigation is focusing on how many people had medical recommendations connected with the garden. Are the above examples cooperative gardens, where patients pool their resources to grow medicine? Or are they fronts for moneymaking pot ventures? It depends on the case and whom you ask. But while growers and police have sometimes sharply different views, both resort to a common tool - numbers. The Compassionate Use Act passed by California voters in 1996 never addressed how much marijuana a patient can legally grow. Many raids and arrests later, Nevada County, like other counties, established guidelines, a so-called safe haven. The District Attorney's Office declared patients can have up to two pounds of dried marijuana and 10 plants each, and not fear prosecution. But the numbers debate hasn't stopped. "We've dealt with them on a case-by-case basis, but usually the larger these supposed cooperatives are, the more out of compliance they appear to be," said Sheriff's Sgt. Steve Mason of the Nevada County Narcotics Task Force. Martin Webb, a medical marijuana advocate, called law enforcement too bent on numbers when it should be considering the context of each garden. "They don't know what they're looking at," said Webb, who teaches patients how to grow marijuana. He added that indoor plants like those found in Five Mile House produce far less drug than outdoor plants. His own indoor plants produce three to four ounces each. Webb said narcotics agents need to look at an indoor garden's light wattage and square footage. Stronger lights in smaller spaces produce more bountiful plants. He also said some growers have just one harvest a year. In response, Mason said, "We take them individually and look at each garden and each grow by itself. We look at the plants themselves." He said some of the Five Mile plants yielded a half- to three-quarters of a pound of drug after agents dried them - compared to a pound or more that an outdoor plant can produce. "Obviously, we were at the Five Mile House. (Webb) was not," Mason said. Kevin Hoeke, a lawyer with clients in both the Five Mile House and San Juan Ridge cases, said cooperatives are the best option for many patients. They can share labor, know-how and utility costs. "It's a little bit easier, more efficient, if you can work together on something like that," he said. In the San Juan Ridge case, marijuana benefited migraine sufferers, Hoeke said. Could it then be time for yet more guidelines? Nevada County District Attorney Mike Ferguson said he's intrigued by the Berkeley City Council's adoption of a cooperatives protocol. It states that "some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use." Berkeley allows cooperatives up to 10 outdoor plants at a time, or up to 10 indoor plants per patient with no more than 50 total. The protocol includes guidelines for dried marijuana and membership requirements. "It's something to consider," Ferguson said. - --- MAP posted-by: Doc-Hawk